#THE AIRCRAFT ACT, 1934 
______ 

##ARRANGEMENT OF SECTIONS 
______ 

SECTIONS 

1. Short title and extent. 
2. Definitions. 
3. Power of Central Government to exempt certain aircraft. 
4. Power of Central Government to make rules to implement the Convention of 1944. 
4A. Directorate General of Civil Aviation. 
4B. Bureau of Civil Aviation Security. 
4C. Aircraft Accidents Investigation Bureau. 
4D. Superintendence of Central Government. 
5. Power of Central Government to make rules. 
5A. Power to issue directions. 
6. Power of Central Government to make orders in emergency. 
7. Power of Central Government to make rules for investigation of accidents. 
8.Power to detain aircraft. 
8A. Power of Central Government to make rules for protecting the public health. 
8B. Emergency powers for protecting the public health. 
8C. Power of Central Government to make rules for securing safe custody and re-delivery of 
  unclaimed property. 
9. Wreck and salvage. 
9A.Power of Central Government to prohibit or regulate construction of buildings, planting of trees,
  etc. 
9B. Payment of compensation. 
9C. Appeals from awards in respect of compensation. 
9D. Arbitrator to have certain powers of civil courts. 
10. Penalty for act in contravention of rule made under this Act. 
10A. Adjudication of penalties. 
10B. Cancellation of licence or certificate or approval. 
11.Penalty for flying so as to cause danger. 
11A. Penalty for failure to comply with directions issued under section 5A. 
11B. Penalty for failure to comply with directions issued under section 9A. 
12. Penalty for abetment of offences and attempted offences. 
12A. Composition of offences. 
12B. Cognizance of offences. 
13. Power of Court to order forfeiture. 
14. Rules to be made after publication. 
14A.Laying of rules before Parliament. 
15. Use of patented invention on aircraft not required in India. 
16. [Repealed.]. 
17. Bar of certain suits. 
18. Saving for acts done in good faith under the Act. 
19. Saving of application of Act. 
20. [Repealed.]. 

 
 
#THE AIRCRAFT ACT, 1934 

##ACT NO. 22 OF 1934 

[19th August, 1934.] 

An Act to make better provision for the control of the manufacture,  possession, use, operation, 
  sale, import and export of aircraft. 

  WHEREAS it is expedient to make better provision for the control of the manufacture, possession, use, 
operation, sale, import and export of aircraft; 

It is hereby enacted as follows: — 

1. **Short title and extent.**—(1) This Act may be called the Aircraft Act, 1934. 

(2) It extends to the whole of India and applies also— 

  (a) to citizens of India wherever they may be; 

  (b) to and to the persons on aircraft registered in India wherever they may be;

[^6][(c) to and to the  persons on  aircraft  registered  outside  India  but for  the time  being  in  or  over 
India; and 

  (d) to an aircraft operated by a person who is not a citizen of India but has his principal place of 
business or permanent residence in India.]

2. **Definitions.**—In this Act, unless there is anything repugnant in the subject or context, — 

(1) “aircraft” means any machine which can derive support in the atmosphere from reactions of 
the  air, other than reactions of the air against the earth’s surface and  includes  balloons  whether 
fixed or free, airships, kites, gliders and flying machines; 

[^8][(1A)  “Aircraft  Accidents  Investigation  Bureau”  means  the  Aircraft  Accidents  Investigation 
Bureau constituted under section 4C;] 

(2) “aerodrome” means any definite or limited ground or water area intended to be used, either 
wholly or in part, for the landing or departure of aircraft, and includes all buildings, sheds, vessels, 
piers and other structures thereon or appertaining thereto; 

(2A) “aerodrome  reference  point”,  in  relation  to  any  aerodrome,  means  a  designated  point 
established  in  the  horizontal  plane  at  or  near  the  geometric  centre  of  that  part  of  the  aerodrome 
reserved for the departure or landing of aircraft;] 

[^8][(2B)  “Bureau  of  Civil  Aviation  Security”  means  the  Bureau  of  Civil  Aviation  Security 
constituted under section 4B; 

(2C) “Director  General  of  Civil  Aviation”  means  the  Director  General  of  Civil  Aviation 
constituted under section 4A;] 

(3) “import” means bringing into India; and 

(4) “export” means taking out of India. 



[^6]. Ins. by s. 2, ibid, (w.e.f. 1-2-2008). 
[^8]. Ins. by Act 13 of 2020, s. 2 (w.e.f. 19-9-2020). 



3. **Power of Central Government to exempt certain aircraft.**—The Central Government may, by 
notification in the Official Gazette, exempt from all or any of the provisions of this Act any aircraft or 
class of aircraft and any person or class of persons, or may direct that such provisions shall apply to such 
aircraft or persons subject to such modifications as may be specified in the notification. 

4. **Power of Central Government to make rules to implement the Convention of 1944.**—
[^3][Subject  to  the  provisions  of  section  14,  the  Central  Government]  may,  by  notification  in  the  Official 
Gazette,  make  such  rules  as  appear  to  it  to  be  necessary  for  carrying  out  the  Convention  relating  to 
International Civil Aviation signed at Chicago on the 7th day of December, 1944 (including any Annex 
thereto relating to international standards and recommended practices) as amended from time to time.] 

[^4][4A. **Directorate General of Civil Aviation.**—(1) The Central Government may constitute a body 
to be known as the Directorate General of Civil Aviation, which shall be headed by an officer designated 
as  the  Director  General of  Civil  Aviation to  be appointed  in  this  behalf  by  the Central  Government  by 
notification in the Official Gazette. 

(2) The  Directorate  General  of  Civil  Aviation  shall  be  responsible  for  carrying  out  the  safety 
oversight and regulatory functions in respect of matters specified in this Act or the rules made thereunder. 

(3) The administration of the Directorate General of Civil Aviation shall vest in the Director General 
of Civil Aviation. 

(4) The Central Government may, by an order published in the Official Gazette, direct that any power 
exercisable  by  the  Director  General  of  Civil  Aviation  may  also  be  exercisable  by  any  other  officer  or 
authority specially empowered in this behalf by the Central Government. 

4B. **Bureau of Civil Aviation Security.**—(1) The Central Government may constitute a body to be 
known as the Bureau of Civil Aviation Security, which shall be headed by an officer designated as the 
Director  General  of  Bureau  of  Civil  Aviation  Security  to  be  appointed  in  this  behalf  by  the  Central 
Government by notification in the Official Gazette. 

(2) The  Bureau  of  Civil  Aviation  Security  shall  be  responsible  for  carrying  out  the  regulatory  and 
oversight functions in respect of matters relating to civil aviation security specified in this Act or the rules 
made thereunder. 

(3) The administration of the Bureau of Civil Aviation Security shall vest in the Director General of 
Bureau of Civil Aviation Security. 

(4) The Central Government may, by an order published in the Official Gazette, direct that any power 
exercisable by the Director General of Bureau of Civil Aviation Security may also be exercisable by any 
other officer or authority specially empowered in this behalf by the Central Government. 

4C. **Aircraft Accidents Investigation Bureau.**—(1) The Central Government may constitute a body 
to  be  known  as  the  Aircraft  Accidents  Investigation  Bureau,  which  shall  be  headed  by  an  officer 
designated  as  the  Director  General  of  Aircraft  Accidents  Investigation  Bureau  to  be  appointed  in  this 
behalf by the Central Government by notification in the Official Gazette. 

(2) The Aircraft Accidents Investigation Bureau shall be responsible for carrying out the functions in 
respect  of  matters  relating  to  investigation  of aircraft accidents  or incidents specified in this  Act  or  the 
rules made thereunder. 

(3) The  administration  of  the  Aircraft  Accidents  Investigation  Bureau  shall  vest  in  the  Director 
General of Aircraft Accidents Investigation Bureau. 

(4) The Central Government may, by an order published in the Official Gazette, direct that any power 
exercisable by the Director General of Aircraft Accidents Investigation Bureau may also be exercisable 
by any other officer or authority specially empowered in this behalf by the Central Government. 



[^3]. Subs. by Act 44 of 2007, s. 3, for “The Central Government” (w.e.f. 1-2-2008). 
[^4]. Subs. by Act 13 of 2020, s. 3, for  section 4A (w.e.f. 19-9-2020). 



4D. **Superintendence of Central Government.**—The superintendence of the Directorate General of 
Civil  Aviation,  the  Bureau  of  Civil  Aviation  Security  and  the  Aircraft  Accidents  Investigation  Bureau 
shall  vest  in  the  Central  Government,  which  shall  have  the  power  to  issue  directions  to  each  of  these 
organisations, on any matters falling under sub-section (2) of sections 4A, 4B and 4C, respectively, if it 
considers necessary and expedient so to do in the public interest.] 

5. **Power of Central Government to make rules.**—(1) [^1][Subject to the provisions of section 14, the 
Central Government] may, by notification in the Official Gazette, make rules regulating the manufacture, 
possession, use, operation, sale, import or export of any aircraft or class of aircraft [^2][and for securing the 
safety of aircraft operations.] 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for— 

  (a) the authorities by which any of the powers conferred by or under this Act are to be exercised; 

  (aa) the  regulation  of  air  transport  services,  and  the  prohibition  of  the  use  of  aircraft  in  such 
services except under the authority of and in accordance with a licence authorising the establishment 
of the service; 

[^4][(ab) the economic regulation of civil aviation and air transport services, including the approval, 
disapproval [^5][or revision on tariff of operators of air transport services other than the tariff referred to 
in clause (a) of sub-section (1) of section 13 of the Airports Economics Regulatory Authority of India 
Act, 2008]; the officers or authorities who may exercise powers in this behalf; the procedure to be 
followed  and  the  factors  to  be  taken  into  account  by  such  officers  or  authorities;  appeals  to  the 
Central Government against orders of such officers or authorities and all other matters connected with 
such tariff. 

*Explanation.*—For the purposes of this clause, “tariff” includes fares, rates, valuation charges and 
other  charges  for  air  transport  of  passengers  or  goods,  the  rules,  regulations,  practices  or  services 
affecting such fares, rates, valuation charges and other charges and the rates, terms and conditions of 
commission payable to passenger or cargo sales agents;] 

[^6][(ac)] the information to be furnished by an applicant for, or the holder of, a licence authorising 
the establishment of an air transport service to such authorities as may be specified in the rules;] 

[^7][(b)  the  licensing,  inspection  and  regulation  of  aerodromes,  the  conditions  under  which 
aerodromes may be maintained and the prohibition or regulation of the use of unlicensed aerodromes; 

  (ba) the fees which may be charged at those aerodromes to which the Airports Authority of India 
Act, 1994(55 of 1994) does not apply or is not made applicable;] 

  (c) the inspection and control of the manufacture, repair and maintenance of aircraft and of places 
where aircraft are being manufactured, repaired or kept; 

  (d) the registration and marking of aircraft; 

  (e) the conditions under which aircraft may be flown, or may carry passengers, mails or goods; or 
may  be  used  for  industrial  purposes  and  the  certificates,  licences  or  documents  to  be  carried  by 
aircraft; 

[^1]. Subs. by Act 44 of 2007, s. 5, for “The Central Government” (w.e.f. 1-2-2008). 
[^2]. Ins. by Act 12 of 1972, s. 4 (w.e.f. 20-4-1972). 
[^4]. Ins. by Act 1 of 1983, s. 2 (w.e.f. 26-3-1983). 
[^5].  Subs.  by  Act  27  of  2008,  s.  54  and  the  Schedule,  for  “or  revision  on  tariff  of  operators  of  air  transport  services” 
  (w.e.f. 1-1-2009). 
[^6]. Clause (ab) re-lettered as clause (ac) thereof, by Act 1 of 1983, s. 2, (w.e.f. 26-3-1983). 
[^7]. Subs. by Act 44 of 2007, s. 5, for clause (b) (w.e.f. 1-2-2008). 



  (f) the inspection of aircraft for the purpose of enforcing the provisions of this Act and the rules 
thereunder, and the facilities to be provided for such inspection; 

  (g) the  licensing  of  persons  employed  in  the  operation,  manufacture,  repair  or  maintenance  of 
aircraft; 

[^1][(ga) the licensing of persons engaged in air traffic control; 

  (gb) the certification, inspection and regulation of communication, navigation and surveillance or 
air traffic management facilities; 

  (gc) the measures to safeguard civil aviation against acts of unlawful interference;] 

[^2][(gd)  the  regulation  of  air  navigation  services,  that  is,  aeronautical  information  services, 
aeronautical  charting  and  cartography  services,  aeronautical  meteorological  services,  search  and 
rescue services, procedure for air navigation services and aircraft operations other than those referred 
to in clause (gb) and any other matter relating to air navigation services;] 

  (h) the air-routes by which and, the conditions under which aircraft may enter or leave India, or 
may fly over India, and the places at which aircraft shall land; 

  (i) the  prohibition  of  flight  by  aircraft  over  any  specified  area,  either  absolutely  or  at  specified 
times, or subject to specified conditions and exceptions; 

  (j) the supply, supervision and control of air-route beacons, aerodrome lights, and lights at or in 
the neighbourhood of aerodromes or on or in the neighbourhood of air-routes; 

  (jj) the  installation  and  maintenanceof  lights  on  private  property  in  the  neighbourhood  of 
aerodromes or on or in the neighbourhood of air-routes, by the owners or occupiers of such property, 
the  payment  by  the  Central  Government for  such installation  and  maintenance, and the  supervision 
and control of such installation and maintenance, including the right of access to the property for such 
purposes; 

  (k) the signals to be used for purposes of communication by or to aircraft and the apparatus to be 
employed in signaling; 

  (l) the prohibition and regulation of the carriage in aircraft of any specified article or substance; 

  (m) the  measures  to  be  taken  and  the  equipment  to  be  carried  for  the  purpose  of  ensuring  the 
safety of life; 

  (n) the issue and maintenance of log-books; . 

  (o) the manner and conditions of the issue or renewal of any licence or certificate under the Act or 
the  rules,  the  examinations  and  tests  to  be  undergone  in  connection  therewith,  the  form,  custody, 
production,  endorsement,  cancellation,  suspension  or  surrender  of  such  licence  or  certificate,  or  of 
any log-book; 

[^1]. Ins. by Act 44 of 2007, s. 5 (w.e.f. 1-2-2008). 
[^2]. Ins. by Act 13 of 2020, s. 4 (w.e.f. 19-9-2020). 



  (p) the  fees  to  be  charged  in  connection  with  any  inspection,  examination,  test,  certificate  or 
licence, made, issued or renewed under this Act; 

  (q) the recognition for the purposes of this Act of licences and certificates issued elsewhere than 
in India relating  to  aircraft  or  to  the  qualifications  of  persons  employed  in  the  operation, 
manufacture, repair or maintenance of aircraft [^2]***; 

[^3][ [^4][(qa)]  the  prohibition  of slaughtering  and  flaying  of  animals  and  of  depositing  rubbish,  filth 
and  other  polluted  and  obnoxious  matter  within  a  radius  of  ten  kilometers  from  the  aerodrome 
reference point; [^5]***] 

[^6][(qb) safety oversight and regulatory functions; 

  (qc) regulatory  and  oversight  functions  in  respect  of  matters  relating  to  civil  aviation  security; 
and] 

  (r) any matter subsidiary or incidental to the matters referred to in this sub-section. 

[^8][5A. **Power to issue directions.**—(1) The  Director  General  of  Civil  Aviation or  any  other  officer 
specially empowered in this behalf by the  Central Government may, from time to time, by order, issue 
directions, consistent with the provisions of this act and the rules made thereunder, with respect to any of 
the matters specified, in 9[clauses (aa), (b), (c), (e), (f), (g), (ga), (gb), 10[(gc), (gd), (h), (i), (m), (qa) and 
(qb)]  of  sub-section  (2)  of  section  5,  to  any  person  or  persons  using  any  aerodrome  or  engaged  in  the 
aircraft  operations,  air  traffic  control,  maintenance  and  operation  of  aerodrome,  communication, 
navigation, surveillance and air traffic management facilities and safeguarding civil aviation against acts 
of unlawful interference], in any case where the Director General of Civil Aviation or such other officer is 
satisfied that in the interests of the security of India or for securing the safety of aircraft operations it is 
necessary so to do. 

[^11][(1A) The  Director  General  of  Bureau  of  Civil  Aviation  Security  or  any  other  officer  specially 
empowered in this behalf by the Central Government may, from time to time, by order, issue directions, 
consistent with the provisions of this Act and the rules made thereunder, with respect to any of the matters 
specified in clauses (e), (f), (gc) and (qc) of sub-section (2) of section 5, to any person or persons using 
any  aerodrome,  or  engaged  in  the  aircraft  operations,  air  traffic  control,  maintenance  and  operation  of 
aerodrome,  or  safeguarding  civil  aviation  against  acts  of  unlawful  interference,  in  any  case  where  the 
Director General of Bureau of Civil Aviation Security or such other officer is satisfied that in the interests 
of the security of India or to ensure security of civil aviation operations, it is necessary so to do. 

(1B) On  receipt  of  a  representation  from  any  person  or  otherwise,  if  it  considers  necessary  and 
expedient to do so in the public interest, the Central Government may review any order passed under sub-

[^2]. The word “and” omitted by Act 12 of 1972, s. 4 (w.e.f. 20-4-1972). 
[^3]. Ins. by s. 4, ibid. (w.e.f. 20-4-1972). 
[^4]. Clause (qq) shall be relettered as clause (qa) thereof by Act 13 of 2020, s. 4 (w.e.f. 19-9-2020). 
[^5]. The word “and” omitted by s. 4, ibid. (w.e.f. 19-9-2020). 
[^6]. Ins. by s. 4, ibid. (w.e.f. 19-9-2020). 
[^8]. Ins. by Act 12 of 1972, s. 5 (w.e.f. 20-4-1972). 
[^9]. Subs. by Act 44 of 2007, s. 6, for “clauses (b), (c), (e), (f), (g), (h) and (m) of sub-section (2) of section 5, to any person or 
  persons engaged in aircraft operations or using any aerodrome” (w.e.f. 1-2-2008). 
[^10]. Subs. by Act 13 of 2020, s. 5, for “(gc), (h), (i), (m) and (qq)” (w.e.f. 19-9-2020). 
[^11]. Ins. by s. 5, ibid. (w.e.f. 19-9-2020). 



section (1) or sub-section (1A) and issue directions to the Director General of Civil Aviation or Director 
General of Bureau of Civil Aviation Security, as the case may be, to rescind or modify such order.] 

(2) Every direction issued under or sub-section (l) [^1][or sub-section (1A) or sub-section (1B)] shall be 
complied with by the person or persons to whom such direction is issued.] 

6. **Power of Central Government to make orders in emergency.**—(1) If the Central Government is 
of opinion that in the interest of the public safety or tranquility the issue of all or any of the following 
orders is expedient, it may, by notification in the Official Gazette,— 

  (a) cancel or suspend, either absolutely or subject to such conditions as it may think fit to specify 
in the order, all or any licences or certificates issued under this Act; 

  (b) prohibit,  either  absolutely  or  subject  to such conditions as  it  may  think  fit to  specify  in  the 
order, or regulate in such manner as may be contained in the order, the flight of all or any aircraft or 
class of aircraft over the whole or any portion of India; 

  (c) prohibit,  either  absolutely,  or  conditionally,  or  regulate  the  erection,  maintenance  or  use  of 
any  aerodrome,  aircraft  factory,  flying-school  or  club,  or  place  where  aircraft  are  manufactured, 
repaired or kept, or any class or description thereof; and 

  (d) direct that any aircraft or class of aircraft or any aerodrome, aircraft factory, flying-school or 
club, or place where aircraft are manufactured, repaired or kept, together with any machinery, plant, 
material  or  things  used  for  the  operation,  manufacture,  repair  or  maintenance  of  aircraft  shall  be 
delivered, either forthwith or within a specified time, to such authority and in such manner as it may 
specify in the order, to be at the disposal of Government for the public service. 

[^2][(1A) Any order made under sub-section (1) shall have effect notwithstanding anything inconsistent 
therewith contained in any rule made under this Act.] 

(2) Any  person  who  suffers  direct  injury  or  loss  by  reason  of  any  order  made  under  clause  (c)  or 
clause (d) of sub-section (1) shall be paid such compensation as may be determined by such authority as 
the Central Government may appoint in this behalf. 

(3) The  Central  Government  may  authorise  such  steps  to  be  taken  to  secure  compliance  with  any 
order made under sub-section (1) as appear to it to be necessary. 

(4) Whoever  knowingly  disobeys,  or  fails  to  comply  with,  or  does  any  act  in  contravention  of,  an 
order made under sub-section (1) shall be punishable with imprisonment for a term which may extend to 
three years, or with fine, or with both, and the Court by which he is convicted may direct that the aircraft 
or thing (if any) in respect of which the offence has been committed, or any part of such thing, shall be 
forfeited to Government. 

7. **Power of Central Government to make rules for investigation of accidents.**—(1) [^3][Subject to 
the provisions of section 14, the Central Government may, by notification in the Official Gazette, make 
rules providing for the investigation of any accident or incident] arising out of or in the course of the 
navigation— 

  (a) in or over India of any aircraft, or 

  (b) anywhere of aircraft registered in India]. 

(2) Without prejudice to the generality of the foregoing power, such rules may— 

[^1]. Ins. by Act 13 of 2020, s. 5 (19-9-2020). 
[^2].  Ins. by Act 12 of 1972, s. 6 (w.e.f. 20-04-1972). 
[^3]. Subs. by Act 44 of 2007, s. 7, for “The Central Government may, by notification in the Official Gazette, make rules providing 
for the investigation of any accident” (w.e.f. 1-2-2008). 



  (a) require notice to be given of any [^1][accident or incident] in such manner and by such person as 
may be prescribed; 

  (b) apply  for  the  purposes  of  such  investigation,  either  with  or  without  modification,  the 
provisions of any law for the time being in force relating to the investigation of accidents; 

  (c) prohibit pending investigation access to or interference with aircraft to which an accident or 
incident has occurred, and authorise any person so far as may be necessary for the purposes of an 
investigation to have access to, examine, remove, take measures for the preservation of, or otherwise 
deal with, any such aircraft; and 

  (d) authorise or require the cancellation, suspension, endorsement or surrender of any licence or 
certificate granted or recognised under this Act when it appears on an investigation that the licence 
ought to be so dealt with, and provide for the production of any such licence for such purpose. 

8. **Power to detain aircraft.**—(1) Any authority authorised in this behalf by the Central Government 
may detain any aircraft, if in the opinion of such authority— 

  (a) having  regard  to  the  nature  of  an  intended  flight,  the  flight  of  such  aircraft  would  involve 
danger to persons in the aircraft or to any other persons or property; or 

  (b) such detention is necessary to secure compliance with any of the provisions of this Act or the 
rules applicable to such aircraft; or such detention is necessary to prevent a contravention of any rule 
made under clause (h) or clause (i) of sub-section (2) of section 5 [^2][or to implement any order made 
by any court.] 

(2) [^3][Subject to the provisions of section 14, the Central Government] may, by  notification  in  the 
Official Gazette, make rules regulating all matters incidental or subsidiary to the exercise of this power. 

8A. **Power of Central Government to make rules for protecting the public health.**—[^2][Subject to 
the provisions of section 14, the Central Government] may, by notification in the Official Gazette, make 
rules  for  the  prevention  of  danger  arising  to  the  public  health  by  the  introduction  or  spread  of  any 
infectious or contagious disease from aircraft arriving at or being at any aerodrome and for the prevention 
of  the  conveyance  of  infection  or  contagion  by  means  of  any  aircraft  leaving  an  aerodrome  and  in 
particular and without prejudice to the generality of this provision may make, with respect to aircraft and 
aerodromes or any specified aerodrome, rules providing for any of the matters for which rules under sub-
clauses (i) to (viii) of clause (p) of sub-section (1) of section 6 of the Indian Ports Act, 1908(15 of 1908), 
may be made with respect to vessels and ports. 

8B. **Emergency powers for protecting the public health.**—(1)  If  the  Central  Government  is 
satisfied  that  India  or  any  part  thereof  is  visited  by  or  threatened  with  an  outbreak  of  any  dangerous 
epidemic disease, and that the ordinary provisions of the law for the time being in force are insufficient 
for the prevention of danger arising to the public health through the introduction or spread of the disease 
by  the  agency  of  aircraft,  the  Central  Government  may  take  such  measures  as  it  deems  necessary  to 
prevent such danger. 

(2) In  any  such  case  the  Central  Government  may,  without  prejudice  to  the  powers  conferred  by 
section 8A, by notification in the Official Gazette, make such temporary rules with respect to aircraft and 
persons traveling or things carried therein and aerodromes as it deems necessary in the circumstances. 

[^1]. Subs. by Act 44 of 2007, s. 7, for “accident” (w.e.f. 1-2-2008). 
[^2]. Ins. by Act 12 of 1972, s. 7 (w.e.f. 20-4-1972). 
[^3]. Subs. by Act 44 of 2007, s. 8, for “The Central Government” (w.e.f. 1-2-2008). 



(3) Notwithstanding anything contained in section 14, the power to make rules under sub-section (2) 
shall  not  be  subject  to  the  condition  of  the  rules  being  made  after  previous  publication,  but  such  rules 
shall not remain in force for more than three months from the date of notification: 

  Provided  that  the  Central  Government  may  by  special  order  continue  them  in  force  for  a  further 
period or periods of not more than three months in all.

8C. **Power of Central Government to make rules for securing safe custody and re-delivery of 
unclaimed property.**— Subject to  the  provisions  of  section  14,  the  Central  Government may, by 
notification in the Official Gazette, make rules which may provide for securing the safe custody and re-
delivery of any property which, while not in proper custody, is found on any aerodrome or in any aircraft 
on any aerodrome and any such rules may, in particular, provide for— 

  (a) the payment of charges in respect of any such property before it is re-delivered to the person 
entitled there to; and 

  (b) the  disposal  of  any  such  property  in cases  where the same  is  not  re-delivered  to  the  person 
entitled thereto before the expiration of such period as may be specified therein. 

9. **Wreck and salvage.**—(1) The provisions of Part XIII of the Merchant Shipping Act, 1958 (44 of 
1958), relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply 
to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered 
by the aircraft in like manner as the owner of a ship. 

(2) The Central Government may, by notification in the Official Gazette, make such modifications of 
the said provisions in their application to aircraft as appear necessary or expedient. 

9A. **Power of Central Government to prohibit or regulate construction of buildings, planting 
of trees, etc.** —(1) If the Central Government is of opinion that it is necessary or expedient so to do for 
the safety of aircraft operations, it may, by notification in the Official Gazette,— 

  (i) direct that no building or structure shall be constructed or erected, or no tree shall be planted 
on any land within such radius, not exceeding twenty kilometres from the aerodrome reference point, 
as may be specified in the notification and where there is any building, structure or tree on such land, 
also direct the owner or the person having control of such building, structure or tree to demolish such 
building or structure or, as the case may be, to cut such tree within such period as may be specified in 
the notification; 

  (ii) direct  that  no  building  or  structure  higher  than  such  height  as  may  be  specified  in  the 
notification  shall  be  constructed  or  erected,  or  no  tree,  which  is  likely  to  grow  or  ordinarily  grows 
higher than such height as may be specified in the notification, shall be planted, on any land within 
such radius, not exceeding twenty kilometres from the aerodrome reference point, as may be specified 
in the notification and where the height of any building or structure or tree on such land is higher than 
the specified height, also direct the owner or the person having control of such building, structure or 
tree to reduce the height thereof so as not to exceed the specified height, within such period as may be 
specified in the notification. 

(2) In  specifying  the  radius  under  clause  (i)  or  clause  (ii)  of  sub-section  (1)  and  in  specifying  the 
height  of  any  building,  structure  or  tree  under  the  said  clause  (ii),  the  Central  Government  shall  have 
regard to— 

  (a) the nature of the aircraft operated or intended to be operated in the aerodrome; and 

  (b) the international standards and recommended practices governing the operation of aircraft. 

(3) Where any notification has been issued under sub-section (1) directing the owner or the person 
having control of any building, structure or tree to demolish such building or structure or to cut such tree 
or  to  reduce  the  height  of  any  building,  structure  or  tree,  a  copy  of  the  notification  containing  such 
direction shall be served on the owner or the person having the control of the building, structure or tree, as 
the case maybe, — 

  (i) by delivering or tendering it to such owner or person; or 

  (ii) if it cannot be so delivered or tendered, by delivering or tendering it to any officer of such 
owner or person or any adult male member of the family of such owner or person or by affixing a 
copy thereof on the outer door or on some conspicuous part of the premises in which such owner or 
person is known to have last resided or carried on business or personally worked for gain; or failing 
service by these means; 

  (iii) by post. 

(4) Every  person  shall  be  bound  to  comply  with  any  direction  contained  in  any  notification  issued 
under sub-section (1). 

9B. **Payment of compensation.**—(1) If in consequence of any direction contained in any notification 
issued under sub-section (1) of section 9A, any person sustains any loss or damage, such person shall be 
paid compensation the  amount  of  which shall be  determined  in  the  manner and  in  accordance  with  the 
principles hereinafter set out, that is to say,— 

  (a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance 
with such agreement; 

  (b) where no such agreement can be reached, the Central Government shall appoint as arbitrator a 
person who is or has been qualified for appointment as a Judge of a High Court; 

  (c) the  Central  Government  may,  in  any  particular  case,  nominate  a  person  having  expert 
knowledge as to the nature of the less or damage suffered by the person to be compensated and where 
such nomination is made, the person to be compensated may also nominate an assessor for the same 
purpose; 

  (d) at the commencement  of the proceedings before the arbitrator, the Central Government and 
the  person  to  be  compensated  shall  state  what,  in  their  respective  opinion,  is  a  fair  amount  of 
compensation; 

  (e) the  arbitrator  shall,  after  hearing  the  dispute,  make  an  award  determining  the  amount  of 
compensation  which  appears  to  him  to  be  just  and  specify  the  person  or  persons  to  whom  such 
compensation  shall  be  paid;  and  in  making  the  award  he  shall  have  regard  to  the  circumstances  of 
each case and,— 

     (i) the damage sustained by the person to be compensated in his earnings; 

     (ii) if  in  consequence  of  any  direction  contained  in  any  notification  issued  under  sub-
section (1) of  section 9A the  market  value  of  the  land  immediately  after  the  issue  of  such 
notification is diminished, the diminution in such market value; 

     (iii) where  any  building  or  structure  has  been  demolished  or  any  tree  has  been  cut  or  the 
height  of  any  building,  structure  or  tree  has  been  reduced  in  pursuance  of  any  direction,  the 
damage sustained by the person to be compensated in consequence of such demolition, cutting or 
reduction and the expenses incurred by such person for such demolition, cutting or reduction; 

     (iv) if the person to be compensated is compelled to change his residence or place of business, 
the reasonable expenses, if any, that may have to be incurred by him incidental to such change; 

  (f) where there is any dispute as to the person or persons who are entitled to the compensation, the 
arbitrator shall decide such dispute and if the arbitrator finds that more persons than one are entitled 
to compensation, he shall apportion the amount thereof amongst such persons; 

  (g) nothing in the Arbitration Act, 1940 (10 of 1940) shall apply to arbitrations under this section. 

(2) Every award made by the arbitrator under clause (e) of sub-section (1) shall also state the amount 
of costs incurred in the proceedings before it and by what persons and in what proportions they are to be 
paid. 

9C. **Appeals from awards in respect of compensation.**—Any person aggrieved by an award of the 
arbitrator made under section 9B may, within thirty days from the date of such award, prefer an appeal to 
the High Court within whose jurisdiction the aerodrome is situate: 

  Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days 
if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 

9D. **Arbitrator to have certain powers of civil courts.**—The arbitrator appointed under section 9B, 
while  holding  arbitration  proceedings  under  this  Act,  shall  have  all  the  powers  of  a  civil  court  while 
trying  a  suit  under  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  in  respect  of  the  following  matters, 
namely: — 

  (a) summoning and enforcing the attendance of any person and examining him on oath; 

  (b) requiring the discovery and production of any document; 

  (c) reception of evidence on affidavits; 

  (d) requisitioning any public record from any court or office; 

  (e) issuing commissions for examination of witnesses. 

10. **Penalty for act in contravention of rule made under this Act.**—(1) If any person contravenes 
any provision of any rule made under clause (1) of sub-section (2) of section 5 prohibiting or regulating 
the  carriage  in aircraft  of arms,  explosives  or  other dangerous  goods,  or  when  required  under  the  rules 
made under that clause to give information in relation to any such goods gives information which is false 
and which he either knows or believes to be false or does not believe to be true he, and if he is not the 
owner, the owner also (unless the owner proves that the offence was committed without his knowledge, 
consent or connivance) shall be punishable with imprisonment which may extend to two years and shall 
also be liable to [^2][fine which may extend to [^3][one crore rupees]]. 

[^4][(1A) If any person contravenes any provision of any rule made under [^5][clause (qa)] of sub-section 
(2) of section 5 prohibiting the slaughter and flaying of animals and of depositing rubbish, filth and other 
polluted and obnoxious matters within a radius of ten kilometres from the aerodrome reference point, he 
shall be punishable with imprisonment which may extend to 6[three years, or with fine which may extend 
to [^3][one crore rupees]], or with both.] 

(1B) Notwithstanding  anything  contained in the  Code  of  Criminal  Procedure)  1973  (2  of  1974), an 
offence referred to in sub-section (1A) shall be cognizable.] 

[^2]. Subs. by Act 44 of 2007, s. 11, for “fine” (w.e.f. 1-2-2008). 
[^3]. Subs. by Act 13 of 2020, s. 6, for “ten lakh rupees” (w.e.f. 19-9-2020). 
[^4]. Ins. by Act 50 of 1988, s. 2, (w.e.f. 23-9-1988). 
[^5]. Subs. by Act 13 of 2020, s. 6, for “clause (qq)” (w.e.f. 19-9-2020). 
[^6]. Subs. by Act 44 of 2007, s. 11, ibid., for “one year, or fine which may extend to two thousand rupees” (w.e.f. 1-2-2008). 



(2) In  making  any  other  rule  under  section  5  or  in  making  any  rule  under [^1][section  4,  section  7], 
section  8,section  8A  or  section  8B,  the  Central  Government  may  direct  that  a  breach  of  it  shall  be 
punishable  with  imprisonment  for  a  period  which  may  extend  to [^2][two  years,  or  with  fine  which  may 
extend to [^3][one crore rupees]], or with both. 

[^4][10A. **Adjudication of penalties.**—(1)  Notwithstanding  anything  contained  in  sub-section  (2)  of 
section 10, the Central Government may, in making any rule under section 4, 5, 7, 8, 8A or section 8B, 
provide  for  imposition  of  penalty  not  exceeding  rupees  one  crore  for  the  contravention  of  any  rule  for 
which no other punishment has been provided elsewhere in the Act, or in the rules made thereunder, for 
such contravention. 

(2) The Central Government may, by an order published in the Official Gazette, appoint such number 
of  officers  not  below  the  rank  of  Deputy  Secretary  to  the  Government  of  India  or  equivalent,  as  it 
considers necessary, to be designated officers for adjudging penalty under sub-section (1), in such manner 
as the Central Government may, by notification in the Official Gazette, make rules. 

(3) The  Central  Government  may,  while  appointing  designated  officers  under  sub-section  (2),  also 
specify their jurisdiction in that order. 

(4) Where the designated officer is satisfied that any contravention of the provisions of the rules has 
been committed by any person, he may, by an order in writing, impose penalty on such person stating the 
nature of contravention, the provision of rules which has been contravened and the reasons for imposing 
such penalty: 

  Provided that the designated officer shall, before imposing any penalty, give a reasonable opportunity 
of being heard to such person. 

(5) Any  person  aggrieved  by  an  order  made  under  sub-section  (4)  may  prefer  an  appeal  to  an 
appellate officer having jurisdiction in the matter who is next higher in rank to the designated officer who 
has passed such order. 

(6) Every  appeal  under sub-section (5)  shall  be filed  within  thirty  days from  the  date  on  which the 
copy of the order made by the designated officer is received by the aggrieved person and shall be in such 
form and manner, and be accompanied by such fees, as the Central Government may, by notification in 
the Official Gazette, make rules. 

(7) The  appellate  officer  may,  after  giving  the  parties  to  the  appeal  an  opportunity  of  being  heard, 
pass such order as he thinks fit, confirming, modifying or setting aside the order appealed against. 

10B. **Cancellation of licence or certificate or approval.**—Notwithstanding  anything  contained in 
this  Act,  if  any  person  contravenes  any  of  the  provisions  of  this  Act  or  the  rules  made  thereunder,  the 
licence,  certificate  or  approval  issued  to  such  person  under  this  Act  may  be  suspended  or  cancelled  in 
such manner as the Central Government may, by notification in the Official Gazette, make rules.] 

11. **Penalty for flying so as to cause danger.**—Whoever wilfully flies any aircraft in such a manner 
as to cause danger to any person or to any property on land or water or in the air shall be punishable with 
imprisonment for a term which may extend to [^5][two years, or with fine which may extend to [^6][one crore 
rupees]], or with both. 

[^7][11A. **Penalty  for  failure  to  comply  with  directions  issued  under  section  5A.**—If  any  person 
wilfully  fails  to  comply  with  any  direction  issued  under  section  5A,  he  shall  be  punishable  with 

[^1]. Subs. by s. 11, ibid., for “section 7” (w.e.f. 1-2-2008). 
[^2]. Subs. by s. 11, ibid., for “three months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008). 
[^3]. Subs. by Act 13 of 2020, s. 6, for “ten lakh rupees” (w.e.f. 19-9-2020). 
[^4]. Ins. by Act 13 of 2020, s. 7 (w.e.f. 19-9-2020). 
[^5]. Subs. by Act 44 of 2007, s. 12, for “six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008). 
[^6]. Subs. by Act 13 of 2020, s. 8, for “ten lakh rupees” (w.e.f. 19-9-2020). 
[^7]. Ins. by Act 12 of 1972, s. 11. 




imprisonment for a term which may extend to [^1][two years] or [^2][with fine which may extend to [^3][one crore 
rupees]], or with both. 

11B. **Penalty for failure to comply with directions issued under section 9A.**— (1) If any person 
wilfully fails to comply with any direction contained in any notification issued under section 9A, he shall 
be  punishable  with  imprisonment  for  a term  which may  extend  to [^4][two years, or  with  fine  which  may 
extend to [^5][one crore rupees]], or with both. 

(2) Without prejudice to the provisions of sub-section (1), if any person fails to demolish any building 
or structure or cut any tree or fails to reduce the height of any building, structure or tree in pursuance of 
any  direction  contained  in any  notification  issued  under  sub-section  (1)  of  section  9Awithin the  period 
specified  in  the  notification,  then,  subject  to  such  rules  as  the  Central  Government  may  make  in  this 
behalf,  it  shall  be  competent  for  any  officer  authorised  by  the  Central  Government  in  this  behalf  to 
demolish  such  building  or  structure  or  cut  such  tree or  reduce  the  height  of  such  building,  structure  or 
tree:] 

[^6][Provided that the power to make rules under this sub-section shall be subject to the provisions of 
section 14.] 

12. **Penalty for abetment of offences and attempted offences.**—Whoever abets the commission of 
any offence under this Act or the rules or attempts to commit such offence, and in such attempt does any 
act towards the commission of the offence, shall be liable to the punishment provided for the offence. 

[^7][12A. **Composition of offences.**— (1) Notwithstanding anything contained in the Code of Criminal 
Procedure,  1973  (2  of  1974),  any  offence  punishable  under  sections  10,11,11A,11B  and  section  12  or 
under  any  rules  made  thereunder,  may  be  compounded,  either  before  or  after  the  institution  of  any 
prosecution, by the Director General of Civil Aviation or Director General of Bureau of Civil Aviation 
Security  or  Director  General  of  Aircraft  Accidents  Investigation  Bureau,  as  the  case  may  be,  in  such 
manner as the Central Government may, by notification in the Official Gazette, make rules. 

(2) Nothing  contained  in  sub-section  (1)  shall  apply  to  an  offence  committed  by  a  person  for  the 
second time or thereafter within a period of five years from the date of commission of a similar offence 
which was earlier compounded or for which such person was earlier convicted. 

(3) Every  officer  referred  to  in  sub-section  (1)  shall  exercise  the  powers  to  compound  an  offence, 
subject to the direction, control and supervision of the Central Government. 

(4) Every application for the compounding of an offence shall be made in such manner as the Central 
Government may, by notification in the Official Gazette, make rules. 

(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall 
be instituted in relation to such offence by an officer referred to in sub-section (1) against the offender in 
relation to whom the offence is so compounded. 

(6) Where  the  composition  of  any  offence  is  made  after  the  institution  of  any  prosecution,  such 
composition shall be brought to the notice of the court in which the prosecution is pending, in writing, by 
the  officer  referred  to  in  sub-section  (1),  and  on  such  notice  of  the  composition  of  the  offence  being 
given, the person against whom the offence is so compounded shall be discharged. 

(7) The  composition  of  an  offence  under  this  section  shall  have  the  effect  of  an  acquittal  of  the 
accused with whom the offence has been compounded. 



[^1]. Subs. by Act 44 of 2007, s. 13, for “six months” (w.e.f. 1-2-2008). 
[^2]. Subs. by Act 51 of 2000, s. 2, for “with fine which may extend to one thousand rupees” (w.e.f. 1-1-2004). 
[^3]. Subs. by Act 13 of 2020, s. 9, for “ten lakh rupees” (w.e.f. 19-9-2020). 
[^4]. Subs. by Act 44 of 2007, s. 14, for “six months, or with fine which may extend to one thousand rupees” (w.e.f. 1-2-2008). 
[^5]. Subs. by Act 13 of 2020, s. 10, for “ten lakh rupees” (w.e.f. 19-9-2020). 
[^6]. Ins.by s. 14, ibid. (w.e.f. 1-2-2008). 
[^7]. Ins. by Act 13 of 2020, s. 11 (w.e.f. 19-9-2020). 



(8) No offence specified in sub-section (1) shall be compounded except as provided in this section. 

12B. **Cognizance of offences.**—(1) No court shall take cognizance of any offence punishable under 
this Act, save on a complaint made by or with the previous sanction in writing by the Director General of 
Civil Aviation or Director General of Bureau of Civil Aviation Security or Director General of Aircraft 
Accidents Investigation Bureau, as the case may be. 

(2) The complaint referred to in sub-section (1) shall be made within a period of one year from the 
date on which the offence came to the knowledge of the Director General of Civil Aviation or Director 
General  of  Bureau  of  Civil  Aviation  Security  or  Director  General  of  Aircraft  Accidents  Investigation 
Bureau, as the case may be. 

(3) Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  no 
court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try the offences 
under this Act.] 

13. **Power of Court to order forfeiture.**— Where any person is convicted of an offence punishable 
under sub-section (1) of section 10or under any rule made under clause (i) of sub-section (2) of section 5, 
the Court by which he is convicted may direct that the aircraft or article or substance, as the case may be, 
in respect of which the offence has been committed, shall be forfeited to Government]. 

[^2][14. **Rules to be made after publication.** —Any  power  to  make  rules  conferred  by  this  Act  is 
subject to the condition of the rules being made after previous publication: 

  Provided that the Central Government may, in the public interest, by order in writing, dispense with 
the condition of previous publication in any case.] 

14A. **Laying of rules before Parliament.**—Every rule made under this Act shall be laid as soon as 
may be after it is made before each House of Parliament while it is in session [^4][for a total period of thirty 
days  which  may  be  comprised in  one  session  or in  two  or  more  successive  sessions,  and if,  before the 
expiry of the session immediately following the session or the successive sessions aforesaid], both Houses 
agree in making any modification in the rule, or both Houses agree that the rule should not be made, the 
rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so 

however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that rule. 

15. **Use of patented invention on aircraft not required in India.**—The provisions of section 42 of 
the  Indian  Patents  and  Designs  Act,  1911  (2  of  1911),  shall  apply  to  the  use  of  an  invention  on  any 
aircraft  not  registered  in India in  like  manner  as  they  apply  to  the  use  of  an  invention  in  a  foreign 
vessel. 

16. *[Power to apply customs procedure.]—Rep. by the Customs Act,* 1962 (52 of l962), s. 160 *and the 
Schedule (w.e.f.* l-2-1963).] 

17. **Bar of certain suits**—No  suit  shall  be  brought  in  any  Civil  Court  in  respect  of  trespass  or  in 
respect of nuisance by reason only of the flight of aircraft over any property at a height above the ground 
which having regard to wind, weather and all the circumstances of the case is reasonable, or by reason 
only of the ordinary incidents of such flight. 

18. **Saving  for  acts  done  in  good  faith  under  the  Act.**—No  suit,  prosecution  or  other  legal 
proceeding shall lie against any person for anything in good faith done or intended to be done under this 
Act. 

[^2]. Subs. by Act 69 of 1985, s. 2, for section 14 (w.e.f. 16-10-1985). 
[^4]. Subs. by Act 1 of 1983, s. 3, for certain words (w.e.f. 26-3-1983). 



19. **Saving of application of Act.**—(1) Nothing in this Act or in any order or rule made thereunder 
[^1][other than a rule made under section 8Aor under section 8B] shall apply to or in respect of any aircraft 
belonging to or exclusively employed in the naval, military or air forces of the Union [^3][or other armed 
forces of the Union constituted by any law for the time being in force], or to any person in such forces 
employed in connection with such aircraft. 

[^3][Provided that any aircraft belonging to an armed force of the Union other than naval, military or air 
forces of the Union, for which the provisions of this Act and the rules made thereunder are applicable on 
the date of commencement of the Aircraft (Amendment) Act, 2020, shall continue to be so governed by 
this Act and the rules made thereunder till such date as the Central Government may, by notification in 
the Official Gazette, specify.] 

(2) Nothing in this Act or in any order or rule made there under shall apply to or in respect of any 
lighthouse to which the Indian Lighthouse Act, 1927 (17 of 1927), applies or prejudice or affect any right 
or power exercisable by any authority under that Act. 

20. **[Repeals.]**—*Rep.by the Repealing Act,* 1938 (1 of 1938), s. 2 *and the Schedule.*

______ 

[^1]. Ins. by Act 12 of 1972, s. 12 (w.e.f. 20-4-1972). 
[^3]. Ins. by Act 13 of 2020, s. 12 (w.e.f. 19-9-2020).